DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 19 February 2026 has been entered.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Response to Amendment and Arguments
Applicant’s amendment does not distinguish from US Patent 8524397 (Yumoto).
Applicant’s arguments have been fully considered but are not persuasive.
Applicant argues that Yumoto does not disclose a mixing step to uniformly disperse the first active material and the second active material within the composite cathode active material. The examiner disagrees. As acknowledged by Applicant, Yumoto discloses combining a first active material CFx with a second active material such as a lithium vanadium oxide prior to water addition and slurry formation, and “a carbon black can then be added and mixed” (col. 6, line 48-50), which renders it obvious of mixing the first active material CFx with a second active material because it has been held that selection of any order of mixing ingredients is prima facie obvious. In re Gibson, 39 F.2d 975, 5USPQ 230 (CCPA 1930), and one of ordinary skill would expect a uniform dispersion of the first and second active material naturally forms during mixing.
Claim Rejections - 35 USC § 103
Claims 1, 2, 9 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Yumoto.
Regarding claim 1, Yumoto teaches a method of forming a cathode active material consisting of a first active materials and a second active material comprises combining a first active material and a second active material (col.5, line 60-62 and col.6, line 45-50), wherein the first active material consists of CFx (col. 6, line 3-7), and the second material consists of Li(1+y)V3O8 wherein y can be 0 or less than 0.3 exemplifies as 0.2 (col.2, line 15-18 and Example 1 ), which meets the claimed cathode active materials, adding a carbon black and then mixing (col.6, line 48-55), which renders it obvious of mixing the first active material CFx with a second active material before adding the carbon black because it has been held that selection of any order of mixing ingredients is prima facie obvious. In re Gibson, 39 F.2d 975, 5USPQ 230 (CCPA 1930), and one of ordinary skill would expect a uniform dispersion of the first and second active material naturally forms during mixing and forming the claimed composite, which consists of Li-containing metal oxide and CFx.
Yumoto further discloses that the cathode made with the active material can be used for both high rate performance and high capacity performance (col.3, line 1-5).
Regarding claim 2, Yumoto teaches CFx cathode material (col. 6, line 3-7), which meets the claimed non-rechargeable material and inherently exhibiting a high capacity voltage lower than a rechargeable voltage of Li(1+y)V3O8.
Regarding claim 9, Yumoto teaches Li(1+y)V3O8 cathode material (col.2, line 15-18 and Example 1), which is rechargeable and inherently displaying high voltage and electrochemical reversibility.
Regarding claim 13, Yumoto teaches y in Li(1+y)V3O8.can be 0 before initial charge (col.2, lime 15-18 and 25-30), which meets LiV3O8.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AIQUN LI whose telephone number is (571)270-7736. The examiner can normally be reached Monday-Friday 9:00 am -4:00 pm.
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/AIQUN LI/Ph.D., Primary Examiner, Art Unit 1766
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